Constitution of Cobura
The current Constitution of Cobura was written by Samira Zwazi Mehjad and Diamo Tesfaye (both Prosperity and Justice), during the second PaL cabinet, preluding the Constitutional reforms of the 45th century.The Constitution is the supreme law in Cobura, and all laws must allign with it. The current constitution, often referred to as 'version 3.2' contains 32 articles divided under 4 sections. History After the fall of the Democratic Republic of Cobura, the first constitution was written in 3857. Initiated by the House of Saksoure, the law was adopted as the law of all laws, and is valued by historians as one of the earliest forms of a constitution in southwestern Majatra. During the creation of the United Governorates of Cobura in 4317, the constitution was rewritten by Domiano Corona and Delilah el-Mahjadi to align with a presidential system. In this version of the constitution, fundamental rights were mentioned, such as the right of free speech, freedom of religion and a ban on discrimination. During the Communist takeover of the 44th century, the constitution was temporarily banned from being put into practice, since it allowed for the free practice of religion and sexual freedoms. After the fall of communism (4398) the constitution was again rewritten to make Cobura able to join the Esinsundu Empire. The main change was the return to a royal constitution just as in 3857, but this time fundamental rights were mentioned. Also, the position and acting of the Head of Government as well as the Head of State was further elucidated. The Constitution (Amended 4406 version) Preamble We, the people of Cobura, hereby ordain and adopt this constitution as the highest law in the United Governorates of Cobura. • Title A: Fundamental Rights _____________________________________ Article I All individuals in the State shall be treated equally in equal circumstances. Discriminations on the grounds of religion, belief, political opinion, race or sex or on any other grounds whatsoever shall not be permitted. Article II Everyone shall have the right to profess freely his political and religious beliefs and opinions, either individually or in community with others, without prejudice to his responsibility under the law. Article III No one may be prevented against his will from being heard by the courts to which he is entitled to apply under the law. Article IV Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Article V All workers of Cobura have the right to unify themselves in the form of a union and are not punishable for joining, founding or supporting one. Article VI The right of the people to be secure in their persons, houses and papers, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by the judiciary, and particularly describing the place to be searched, and the persons or things to be seized. Article VII In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence. Article VIII Neither slavery nor involuntary servitude shall exist within the State, or any place subject to their jurisdiction. Article IX The right of citizens of the State to vote shall not be denied or abridged by the government or by any Governorate on account of race, color, gender, or previous condition of servitude. It is the duty of the State to ensure all citizens of the State are able to vote if they wish to do so. Article X The State can not in any case revoke citizenship from anyone with a legal and valid Coburan passport, or predetermined status of citizenship (eg. birth or integration). • Title B: Of the State and the Government _____________________________________ Article XI Sovereignty belongs to the State which exercises it directly, by way of referendum, and indirectly, by the intermediary of its representatives. The State chooses its representatives from among the institutions elected by way of free, honest, and regular suffrage. Article XII The State is a Democratic Constitutional Monarchy which is divided between the 5 Governorates: - The Governorate of Irkawa; - The Governorate of Egato; - The Governorate of Dilganato; - The Governorate of Tokundi; - The Governorate of Domale. Article XIII All Coburan nationals shall be equally eligible for appointment to public service. Article XIV Augustan, Irkawan and Mallan are the official languages of the State. The State sees to the coherence of linguistic policy and national culture and to the learning and mastery of the foreign languages of greatest use in the world, as tools of communication, of integration and to be open to different cultures and to contemporary civilizations. A National Council of Languages and of Coburan Culture is created, charged with, notably, the protection and the development of the National languages and of the diverse Coburan cultural expressions, which constitute one authentic heritage and one source of contemporary inspiration. It brings together the institutions concerned in these domains. Article XV The law is the supreme expression of the will of the State. All physical or moral persons, and including the public powers, are equal before it and held to submit themselves to it. The public powers work for the creation of the conditions permitting the effectiveness of liberty and of the equality of citizens to be made general as well as their participation in political, economic, cultural and social life. The principles of constitutionality, of the hierarchy and of the obligation of publication of juridical norms, are affirmed. The law may not have retroactive effect. Article XVI The political parties work for the structuring and for the political instruction of the citizens, for the promotion of their participation in the national life and the management of public affairs. They concur in the expression of the will of the electors and participate in the exercise of power, on the basis of pluralism and of alternation by democratic methods, within the framework of the constitutional institutions. Their constitution and the exercise of their activities are free, within respect for the Constitution and for the law. The political parties may not have an hostility toward the constitutional principles, to the democratic foundations or to the national unity and territorial integrity of the Government. • Title C: Of the Crown and the Prime Minister _____________________________________ Article XVII The head of the Royal House of Saksoure shall be granted the title of Candace of Cobura (the Crown), as is his right by descent from the Lord Pterou Saksoure, justified. Article XVIII The constitutional powers of the Crown are founded on the separation, the balance and the collaboration of the powers, as well as on participative democracy of the citizen, and the principles of good governance and of the correlation between the responsibility for and the rendering of accounts. The State relies for its collective life on the confederative constants, on the National unity of its multiple components, on the Constitutional Monarchy, and on democratic choice. Article XIX The Crown sees to the respect for the continued harmony of the State 's society. He/she is the guarantor of the free exercise of beliefs, judicial authority and integrity, and the freedom of speech. Article XX The Crown as Head of State, symbol of the unity of the State , guarantor of the permanence and of the continuity of the State and arbiter between the institutions, sees to respect for the Constitution, to the good functioning of the constitutional institutions, to the protection of democratic choice and of the rights and freedoms of the citizens of the Governorates, and to respect for the international commitments of the State . He is the guarantor of the independence of the country and of the territorial integrity of the State within its authentic frontiers. The Crown exercises these missions by decree by virtue of the powers that are expressly devolved to him by this Constitution. Article XXI The Crown formally appoints the Prime Minister (as his Head of Government) and the Cabinet based on the nominations to these offices by the House of Representatives. The Crown can, on its initiative, and with the approval of the Prime Minister terminate the functions of one or more members of the government. The Prime Minister can demand of the Crown to terminate the functions of one or more members of the government. The Prime Minister can demand of the Crown to terminate the functions of one or more members of the government who make their individual or collective resignation . Article XXII The Crown presides over the Cabinet composed of the Prime Minister and the ministers. The Cabinet meets on the initiative of the Crown or on the demand of the Prime Minister. Article XXIII The Crown is the Ceremonial Head of the State ’s Armed Forces. He formally appoints to the military offices and can delegate this right. However, the control of the Armed Forces is with the Ministry of Defence and the Prime Minister, who will serve as Supreme Head of the Armed Forces. Article XXIV The Cabinet deliberates on the following questions and texts: • the strategic orientations of the policy of the Government; • the bills of revision of the Constitution; • the bills of organic laws; • the general orientations of the bill of the law of finance; • the bill of law of amnesty; • the bills of texts relative to the military domain; • the declaration of the State of siege; • the declaration of war; • the appointment, on the proposal of the Prime Minister and at the initiative of the minister concerned, to the following civil offices: ambassadors, administrators and governors, and responsible persons of the administrations charged with internal security. Article XXV The Crown is obliged to promulgate the law within the thirty days which follow the transmission to the government of the law definitively adopted. The law so promulgated must be made the object of publication in the Bulletin Office of the State within a time not exceeding one month counting from the date of the decree of its promulgation. Article XXVI The Crown can address messages to the State and to the House of Representatives. If he/she wishes to do so, his/her speech shall be broadcasted on National television. Article XXVII A National Council of Security is created, as the instance of coordination concerning the strategies of internal and external security of the country, and of management of crisis situations. The Council sees equally to the institutionalization of the norms of a good security governance. The Crown presides over this Council and can delegate to the Prime Minister the presidency of a meeting of the Council, on the basis of a specific agenda. The National Council of Security is composed of, other than the Prime Minister, the ministers responsible for the Interior, of Foreign Affairs, of Justice and of the administration of National Defence, as well as those responsible persons of the administrations competent in security matters, of the superior officers of the State 's Armed Forces and any other prominent person whose presence is useful to the work of the said Council. The internal regulations of the Council establish the rules of its organization and of its functioning. Article XXVIII The Prime Minister, on behalf of the Crown , accredits the ambassadors to foreign nations and to the international organs. The ambassadors and the representatives of the international organs are accredited to him. The Crown shall sign and ratifies the treaties approved by the legislature. However, the treaties of peace or of union, or those relative to the delimitation of the frontiers, the commercial treaties or those which engage the finances of the government or the application of which necessitate legislative measures, as well as those treaties relative to the individual or collective rights and freedoms of the citizens, may only be ratified after having been previously approved by the law. The Prime Minister, on behalf of Crown , can submit to the House of Representatives any other treaty or convention before its ratification. Article XXIX The Crown exercises the right of pardon. However, this can be undone by a majority vote of the House of Representatives, or a veto from the Prime Minister. Article XXX When the integrity of the National territory is threatened or in case that events are produced which obstruct the regular functioning of the constitutional institutions, the Crown can, after having consulted the Prime Minister, and addressing a message to the State , proclaim by decree the State of emergency. (NOTE: requires an OOC 2/3 majority vote of the House of Representatives) By this act, the Crown is enabled to take the measures that the defence of the territorial integrity imposes and to return, in the least time, to the normal functioning of the constitutional institutions. The House of Representatives may not be dissolved during the exercise of exceptional powers. The fundamental rights and freedoms provided by this Constitution remain guaranteed, and during a State of emergency elections still occur. (NOTE: The Crown ’s emergency powers may be cancelled at any time by a simple majority vote of the House of Representatives.) Article XXXI To protect the National sovereignty from being affected by foreign powers, any bill proposing an act of union with another country will have to pass with a 4/5th majority before being considered legal. • Title D: Constitutional Amendments _____________________________________ Article XXXII Any amendment to this constitution will need a 2/3rd majority in the legislative assembly to become official, and also needs to be signed by the Crown. ' Ratification and amendments 1 4177: First recorded version of the constitution, instates a royal system; * http://classic.particracy.net/viewbill.php?billid=510708 2 4317: Creation of the Governorate system in the framework of a Constitutional Republic; * http://classic.particracy.net/viewnews.php?newsid=594748&nation=41 (Phase I) * http://classic.particracy.net/viewnews.php?newsid=594785&nation=41 (Phase II) 2.1 4339 Addition of the then article 26/27, issuing regulations around an act of unity and a 3/4 majority for amendements; * http://classic.particracy.net/viewbill.php?billid=555311 3 4406: Creation of a ceremonial-only royal system in the framework of a Parliamentary Republic; * http://classic.particracy.net/viewbill.php?billid=569985 3.1 4415: Amended then article XXIV about the right of pardon; * http://classic.particracy.net/viewbill.php?billid=574037 3.2 4435: Addition of 5 fundamental rights, which have been added under Article V, and therewith rearraning the article numbers; * http://classic.particracy.net/viewbill.php?billid=571334 Additions The following bill(s) have been passed as an addition to the current constitution: '''Constitutional Addition on the highest offices of The Republic (4431) http://classic.particracy.net/viewbill.php?billid=577355 Used abbreviations: UGC = United Governorates of Cobura 1) Order of succession to the Monarch a) In the case the Monarch of the UGC cannot persue his duties, the deputy Head of State, named General-Secretary of the Crown in Cobura will take over his positions and powers. The deputy Head of State shall act exclusively persuing the cerimonial duties of the Monarch, he cannot dissolve the House, form a government nor propose a referendum. The executive power shall always belong to the Prime Minister. In case of permanent impediment, the General-Secretary is oblidged to call early elections while he shall sign the decree to dissolve the House. In case of less than 6 months to the next elections, the General-Secretary shall remain in office until the natural end of the term. b) In case also the General-Secretary cannot persue his duties, the Prime Minister is the next to be appointed as deputy Head of State. He continues to be vested of the full powers of the Prime Minister. He shall sign the decree to dissolve the House and call early elections in case of permanent impediment. c) For security purpose, the designed General-Secretary, the Prime Miniser and the Monarch shall not use same vehicles and same itineraries during their movements. In case of emergency they must be secured in different shelters. ''2) Order of succession to the Office of Prime Minister a) The Prime Minister shall indicate a Vice Prime Minister, who shall be a Minister of the Cabinet. '' b) The designed Minister shall act as deputy Prime Minister in case the Prime Minister cannot persue his duties. c) In case of permanent impediment, the designed Minister shall act as deputy Prime Minister until the formation of a new Government. d) The deputy Prime Minister shall act in respect of the Art. 1 comma c). e) In case of impediment of the designed Minister, this is the order of succession to the role of deputy Prime Minister, excluding the designed Minister: -Minister (M.) of Interior -M. of Defence -M. of Justice -M. of Foreign Affairs -M. of Finance -M. of Trade and Industry -M. of Infrastructure and Transport -M. of Health and Social Services -M. of Education and Culture -M. of Science and Technology -M. of Food and Agriculture -M. of Environment and Tourism f) the deputy Prime Minister acting also as deputy Head of the State can continue to persue his duties in case of State of Emergencies and in case of State of War if the House votes in this sense. He can continue to persue his duties without authorization of the House in case of imminent danger for the survival itself of the UGC or if the constitutional institutions of the UGC are irreparably compromised and cannot persue their duties.'' 3) The President of the House a) The President of the House of Representatives shall belong to the largest party of the Government Coalition. The parties have the liberty to decide otherwise in case of agreements between the coalition's members. Thus, the President of the House can also be a member of the opposition. b) In order for a President of the House to be appointed by the monarch, he must have the support of the majority of the House. Category:Cobura